Cornerstone Research
The European Class Actions Forum 2024
The only Representative Action Forum focusing exclusively on European Jurisdictions
12 & 13 June 2024 | In-Person | Pestana Amsterdam Riverside, Netherlands
Agenda
Networking & Registration
09:00
Chairperson's Opening Remarks
09:15
Prof. Dr. Ianika Tzankova, Chair on Mass Claims
Tilburg University/independent advisor TLC (Netherlands)
Miguel Sousa Ferro, Managing Partner
Sousa Ferro & Associados
Keynote Session: IUS Omnibus on the Role of Consumer Organizations in the European Union
09:30
Maria José Azar-Baud, President, Comparative Collective Redress Expert
IUS Omnibus
Discussing Implementation Progress and Implications for Differing Jurisdictions Under the New Regime
10:00
- How different members states have adopted or are adopting representative actions regimes
- Floor vs Ceiling: what the requirements in the directive actually mandate from member states
- Purpose of the RAD
Rhonson Salim, Lecturer
Aston Law School
Prof. Dr. Ianika Tzankova, Chair on Mass Claims
Tilburg University/independent advisor TLC (Netherlands)
Maria José Azar-Baud, President, Comparative Collective Redress Expert
IUS Omnibus
Marit Bosselaar, Senior Associate
Loyens & Loeff
Networking and Refreshment Break
10:50
Managing Risks and Enhancing Approaches to the Defence of Class Actions
11:15
- The kinds of liabilities present with new access to class actions
- How to prepare as a defence firm in a member state with oncoming legislation
- Impacts of the RAD from claimant / defendant perspective
- Novel Exposure for Clients from the European RAD
Ozan Akyurek, Partner
Jones Day
Dr. Andrea Leufgen, Partner
Gleiss Lutz
Max Stein, Counsel, International Litigation and Arbitration
Skadden
Addressing Claimant Firm Opportunities, Challenges and Strategies in Different Jurisdictions
12:05
- Accessibility to justice under the new regime
- Utilizing previous mass litigation technologies in a new space
- Establishing a group, certification, and pre-trial discovery
Wence Rupert, Partner
Stadermann Luiten
Alberto Saavedra, Partner
Sérvulo & Associados
Miguel Sousa Ferro, Managing Partner
Sousa Ferro & Associados
Chaya Hanoomanjee, Partner & Head of Collective Actions
Gateley
Networking & Lunch Break
12:50
Understanding the Growth of EU Competition Class Action Claims
13:40
- Scope for breaches of competition law across various EU jurisdictions
- The UK CAT framework
Tim West, Partner
Ashurst
Pepijn van Ginneken, Partner
Brinkhof (Netherlands)
Dr. Henner Schläfke, Partner, Head of Class & Mass Action Defense
Noerr (Germany)
Liam Colley, Senior Vice President
Cornerstone Research
Hans Bousie, Managing Partner
BRS LLP
Evaluating the Legitimacy and Viability of Cross Border Claims After the Representative Actions Directive
14:30
- How claimants have been pursuing cases concerning multiple member states in the new regime
- Financing cross border claims
- Establishing commonality across state lines
- Can the Dutch WAMCA Regime Be Applied Outside of the Netherlands?
- Implications for claimants and clients if the WAMCA has wider application
- Who is allowed to file a claim in the European Union
- What do you need to fulfil the requirements in various member states
- How is it going to work in practice?
- Potential for cross border claims under the WAMCA
Flip Wijers, Founding Partner
Lemstra Van der Korst
Valérie van den Berg, Partner
Pinsent Masons
Albert Knigge, Partner
Houthoff
Miguel Ángel Cepero, Counsel
Uría Menéndez
Networking Refreshment Break
15:15
Recent Developments in Data Privacy Class Actions
15:40
- How the EU RAD builds on the GDPR for consumers
- Evidence gathering and pre-litigation discovery
- Unique possibilities for forum shopping
Jaime de San Román, Partner
Herbert Smith Freehills
Paul Karlsgodt, Partner
BakerHostetler
Carlijn Van Rest, Partner
Scott & Scott
Gerard Rudden, Partner
Ahern Rudden Quigley
Vikram Kumar, Principal
Cornerstone Research
Examining Access to and Use of Litigation Funding and Insurance Across the European Union
16:30
- Funding arrangements in European member states
- Value judgements of financing mass litigation
- European precedent for Financing
- Recent Case Law regarding funding
Marc Barennes, Partner
Geradin Partners
Matthew Amey, Director
TheJudge Global
Miguel Ángel Cepero, Counsel
Uría Menéndez
Femke Hendriks, Chairperson
The Privacy Collective
Chairperson's Closing Remarks
17:15
Drinks Reception
17:25
Networking & Registration
09:00
Chairperson's Opening Remarks
09:15
Michele Carpagnano, Partner
Dentons (Italy)
Maria José Azar-Baud, President, Comparative Collective Redress Expert
IUS Omnibus
Fireside Chat: Perspectives on European Representative Action
09:25
Judge Anette Bordes, Judge
Netherlands Commercial Court
Michele Carpagnano, Partner
Dentons (Italy)
Opt-In vs Opt-Out Regimes: Distribution, Advantages, and Looking Forward
10:15
- Landscape assessment: where can you bring an opt-out claim, for what and why?
- Opt-Out lessons learned: America and the United Kingdom
- Opt-In Lessons Learned: EU, Italy, France, and Germany
- Looking Forward: Other Member States Moving towards opt-out regimes
Rita Samoreno Gomes, Partner
PLMJ
Matthew Reach , Partner
Fox Williams
Samantha Ward, Partner
Clifford Chance
Networking & Refreshment Break
11:00
Exploring the Rise in European Shareholder and Securities Class Actions
11:30
- Private retail investors vs venture capital in shareholder actions
- “After the event” insurance and other financing risks
- How economics can inform legal analysis of questions related to class composition and quantum
Ronnie Barnes, Vice President
Cornerstone Research
Bart-Adriaan de Ruijter, Partner
CMS Law
Lara McDermott, Executive Vice-President
Verita
Daan Lunsingh Scheurleer, Partner
Clifford Chance
Addressing Claims Valuation, Evidence and The Role of Experts in the European Union
12:15
- The lack of uniformity as to which economic model is used for damages assessment across member states
- Comparison between different legal frameworks and if they prescribe reduced damages
Anca Cojoc, Principal
Cornerstone Research
Leonard Böhmer, Partner
CMS
Koen Rutten, Partner
Finch Dispute Resolution (The Netherlands)
Networking & Lunch Break
13:00
Strategies for Effective Class Management, Communication, and Distribution
13:45
- Difficulties in getting people in for Opt-In cases for sensitive matters like privacy cases and data breaches
- Notifying members of a very large and diverse class of relevant updates and developments in their case
- Absent class members – discovery
- Litigation PR
- What European parties can learn from established payment structures in the UK, US, and Canada
- Perspectives on current EU payment functionalities.
- Claims Administration
Sarah-Jane Dobson, Partner
Ashurst
Katherine Ellis, Vice President, Class Action Services
KCC/ Gilardi & Co.
Jan-Willem De Jong, Partner
Scott + Scott (Netherlands)
Gus Sellitto, Founder
Byfield Consultancy
Insights into Case Management for Trial and Settlement
14:30
- How different member states are implementing commonality tests
- What the different phases of a class actions case looks like by jurisdiction
- Case Roundup: What we have learned from precedent in the past five years
- The Representative Test
- Precedent for Settlement in Representative Actions cases
Koen Rutten, Partner
Finch Dispute Resolution (The Netherlands)
Michele Carpagnano, Partner
Dentons (Italy)
Simon Walsh, Special Counsel
Cadwalader
Fred Sheppard, Senior Associate
Edwin Coe LLP
Networking & Refreshment Break
15:15
Outlining The Evolving Landscape of ESG Class Actions
15:45
- NL precedent for environmental claims, Urgenda, KLM, and others
- Greenwashing cases and corporate climate commitments
- Disclosure of human rights and environmental credentials
Dr. Sonja Hoffmann, Partner
White & Case
Marie-Hélène Berghuijs, Partner
Eversheds Sutherland
Nicolas J.S. Lockhart, Partner
Sidley Austin LLP
The Future of Class Actions in Europe and Precedent from Global Jurisdictions
16:30
- US, UK, EU: Practitioners with experience in jurisdictions with well established class action procedures give insight on recent developments in the EU
- Comparison between EU Representative Actions Directive and US class action procedures, and the UK Competition Appeals Tribunal
- The utility of different kinds of class action regimes
- Interactions between previous regional class action frameworks and the new decree
- Limitations on Class Actions, Time Constraints and Other Restrictions
- Clauses that currently restrict collective proceedings
- Time frames for bringing legitimate class action claims
- Expected timescale for class action claims in the EU
Jeroen Kortmann, Partner
Stibbe
Joost Edixhoven, Advocaat
Birkway
Caroline Taylor, Founding Partner
Ignitis
Chairperson's Closing Remarks
17:15
Prof. Dr. Ianika Tzankova - Chair on Mass Claims - Tilburg University/independent advisor TLC (Netherlands)
Miguel Sousa Ferro - Managing Partner - Sousa Ferro & Associados
Maria José Azar-Baud - President, Comparative Collective Redress Expert - IUS Omnibus
- How different members states have adopted or are adopting representative actions regimes
- Floor vs Ceiling: what the requirements in the directive actually mandate from member states
- Purpose of the RAD
Prof. Dr. Ianika Tzankova - Chair on Mass Claims - Tilburg University/independent advisor TLC (Netherlands)
Maria José Azar-Baud - President, Comparative Collective Redress Expert - IUS Omnibus
Marit Bosselaar - Senior Associate - Loyens & Loeff
- The kinds of liabilities present with new access to class actions
- How to prepare as a defence firm in a member state with oncoming legislation
- Impacts of the RAD from claimant / defendant perspective
- Novel Exposure for Clients from the European RAD
Dr. Andrea Leufgen - Partner - Gleiss Lutz
Max Stein - Counsel, International Litigation and Arbitration - Skadden
- Accessibility to justice under the new regime
- Utilizing previous mass litigation technologies in a new space
- Establishing a group, certification, and pre-trial discovery
Alberto Saavedra - Partner - Sérvulo & Associados
Miguel Sousa Ferro - Managing Partner - Sousa Ferro & Associados
Chaya Hanoomanjee - Partner & Head of Collective Actions - Gateley
- Scope for breaches of competition law across various EU jurisdictions
- The UK CAT framework
Pepijn van Ginneken - Partner - Brinkhof (Netherlands)
Dr. Henner Schläfke - Partner, Head of Class & Mass Action Defense - Noerr (Germany)
Liam Colley - Senior Vice President - Cornerstone Research
Hans Bousie - Managing Partner - BRS LLP
- How claimants have been pursuing cases concerning multiple member states in the new regime
- Financing cross border claims
- Establishing commonality across state lines
- Can the Dutch WAMCA Regime Be Applied Outside of the Netherlands?
- Implications for claimants and clients if the WAMCA has wider application
- Who is allowed to file a claim in the European Union
- What do you need to fulfil the requirements in various member states
- How is it going to work in practice?
- Potential for cross border claims under the WAMCA
Valérie van den Berg - Partner - Pinsent Masons
Albert Knigge - Partner - Houthoff
Miguel Ángel Cepero - Counsel - Uría Menéndez
- How the EU RAD builds on the GDPR for consumers
- Evidence gathering and pre-litigation discovery
- Unique possibilities for forum shopping
Paul Karlsgodt - Partner - BakerHostetler
Carlijn Van Rest - Partner - Scott & Scott
Gerard Rudden - Partner - Ahern Rudden Quigley
Vikram Kumar - Principal - Cornerstone Research
- Funding arrangements in European member states
- Value judgements of financing mass litigation
- European precedent for Financing
- Recent Case Law regarding funding
Matthew Amey - Director - TheJudge Global
Miguel Ángel Cepero - Counsel - Uría Menéndez
Femke Hendriks - Chairperson - The Privacy Collective
Michele Carpagnano - Partner - Dentons (Italy)
Maria José Azar-Baud - President, Comparative Collective Redress Expert - IUS Omnibus
Judge Anette Bordes - Judge - Netherlands Commercial Court
Michele Carpagnano - Partner - Dentons (Italy)
- Landscape assessment: where can you bring an opt-out claim, for what and why?
- Opt-Out lessons learned: America and the United Kingdom
- Opt-In Lessons Learned: EU, Italy, France, and Germany
- Looking Forward: Other Member States Moving towards opt-out regimes
Matthew Reach - Partner - Fox Williams
Samantha Ward - Partner - Clifford Chance
- Private retail investors vs venture capital in shareholder actions
- “After the event” insurance and other financing risks
- How economics can inform legal analysis of questions related to class composition and quantum
Bart-Adriaan de Ruijter - Partner - CMS Law
Lara McDermott - Executive Vice-President - Verita
Daan Lunsingh Scheurleer - Partner - Clifford Chance
- The lack of uniformity as to which economic model is used for damages assessment across member states
- Comparison between different legal frameworks and if they prescribe reduced damages
Leonard Böhmer - Partner - CMS
Koen Rutten - Partner - Finch Dispute Resolution (The Netherlands)
- Difficulties in getting people in for Opt-In cases for sensitive matters like privacy cases and data breaches
- Notifying members of a very large and diverse class of relevant updates and developments in their case
- Absent class members – discovery
- Litigation PR
- What European parties can learn from established payment structures in the UK, US, and Canada
- Perspectives on current EU payment functionalities.
- Claims Administration
Katherine Ellis - Vice President, Class Action Services - KCC/ Gilardi & Co.
Jan-Willem De Jong - Partner - Scott + Scott (Netherlands)
Gus Sellitto - Founder - Byfield Consultancy
- How different member states are implementing commonality tests
- What the different phases of a class actions case looks like by jurisdiction
- Case Roundup: What we have learned from precedent in the past five years
- The Representative Test
- Precedent for Settlement in Representative Actions cases
Michele Carpagnano - Partner - Dentons (Italy)
Simon Walsh - Special Counsel - Cadwalader
Fred Sheppard - Senior Associate - Edwin Coe LLP
- NL precedent for environmental claims, Urgenda, KLM, and others
- Greenwashing cases and corporate climate commitments
- Disclosure of human rights and environmental credentials
Marie-Hélène Berghuijs - Partner - Eversheds Sutherland
Nicolas J.S. Lockhart - Partner - Sidley Austin LLP
- US, UK, EU: Practitioners with experience in jurisdictions with well established class action procedures give insight on recent developments in the EU
- Comparison between EU Representative Actions Directive and US class action procedures, and the UK Competition Appeals Tribunal
- The utility of different kinds of class action regimes
- Interactions between previous regional class action frameworks and the new decree
- Limitations on Class Actions, Time Constraints and Other Restrictions
- Clauses that currently restrict collective proceedings
- Time frames for bringing legitimate class action claims
- Expected timescale for class action claims in the EU
Joost Edixhoven - Advocaat - Birkway
Caroline Taylor - Founding Partner - Ignitis